RE: [hr-wsis] Caucus document to be sent to ITU

["Frank Joergensen, Rikke" <rfj@humanrights.dk>]

Thanks for putting it together, Meryem. I think its fine. 
 
One detail:
I am a bit confused about the way, we use "consistent" (para 4, 8 and 9). 
As I understand it in para 4, we are stressing that right are interrelated, and that compliance with i.e. 19 presupposes respect for other rights as well, if it is not to be meaningless.
If this is the case, i think its a bit confusing to use "consistent" in para 8 and 9, where we are speaking of how to translate rights to an infosoc context, giving a concrete "consistent" example. 
However, if i am the only one confused by this, let it be.
 
Rikke
 
 
 

	-----Original Message----- 
	From: Meryem Marzouki [mailto:marzouki@ras.eu.org] 
	Sent: Sat 5/31/2003 7:56 PM 
	To: hr-wsis@iris.sgdg.org 
	Cc: 
	Subject: [hr-wsis] Caucus document to be sent to ITU
	
	

	Hi,
	
	Here is the document to be sent to ITU today as the Hr caucus
	contribution. Please make PRECISE corrections
	BEFORE TODAY, 23:00 European time (i.e. within the 3 next hours).
	NB. I haven't written anything regarding the right to minors to be
	protected. What do you think ? Should this be added?
	Meryem
	
	===========
	TOWARDS AN INFORMATION AND COMMUNICATION SOCIETY
	RESPECTFUL OF CIVIL AND POLITICAL RIGHTS,
	AS WELL AS  ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF CITIZENS
	
	  Human Rights in the Information Society (HRIS) Caucus
	May 31, 2003
	
	Input Document to the intersessional meeting of July 15-18, 2003,
	Paris, France
	
	
	Introduction
	This document contains the comments and contributions of the members of
	the Human Rights in the Information Society (HRIS) Caucus, formed by
	the end of WSIS PrepCom1 by civil society organizations. It is intended
	as providing first recommendations as inputs to the intersessional
	meeting of July 15-18 in Paris, France.
	The HRIS caucus pursues its work towards a consistent interpretation
	and translation of relevant rights guaranteed by both the International
	Covenant on Civil and Political Rights and the International Covenant
	on Economic, Social and Cultural Rights, as outlined in this document.
	
	Guidelines for a Human Rights Approach
	The development of an information and communication society has to
	build on a core set of principles that are fundamental for democratic
	societies. International human rights (HR) standards represent such
	principles and should serve as the international framework guiding
	regional and national policies and actions. A human rights approach
	would imply:
	
	- Reference to the International Covenant on Civil and Political
	Rights, as well as the International Covenant on Economic, Social and
	Cultural Rights, in the WSIS Declaration.
	- Underlining the importance of HR standards as the core set of
	principles guiding the development of the information society.
	- Taking human dignity and human needs as the starting point of
	reference rather than technological considerations.
	- Using the improvement of HR standards such as human and social
	development, democracy and participation as focus points for setting
	goals and measures for progress.
	- Ensuring basic human rights principles such as equality and
	anti-discrimination on all levels of policy and action plans. This
	implies stressing access, empowerment and integrity not least for
	vulnerable and marginalized groups.
	- Recognizing that respect for, and strengthening of, the right to
	freedom of expression and access to information is crucial for creating
	a democratic information society.
	- Stressing the right to education as essential for the eradication of
	poverty and for strengthening local capacity.
	- Recognizing that security measures should always be consistent with
	the right to privacy.
	- Stressing commitment to build better democracy based on a higher
	degree of transparency, enhanced participation and good governance at
	national, regional and global levels.
	- Promoting the development of an enabling environment where national
	ICT policy and legislation are implemented with due respect for human
	rights principles.
	
	Need for a consistent articulation of rights
	The HRIS caucus believes that it is not sufficient to assert that “the
	essential requirements for the development of an equitable Information
	Society� should be “in accordance� with Article 19 of the United
	Nations Declaration of Human Rights. Instead, the document should
	declare once and for all that Article 19 must be enforced. In addition,
	the principles of a better balanced flow of information, free
	circulation of ideas, press freedom, participation in the communication
	process, and knowledge sharing will become truly meaningful only when
	they are viewed as being supported by a consistent articulation of
	rights, not just Article 19.
	
	Recognition of information and communications as public common goods
	Moreover, the HRIS caucus considers that an information and
	communication society should be developed in order to guarantee
	democratic and equitable access and participation. This implies to
	acknowledge and declare information and its means of production,
	management and circulation as common goods towards which each social
	actor have rights and responsibilities, in order to ensure the minimal
	equitable conditions for the overall development of intellectual
	creativity, technological innovation, effective technology use and
	successful participation in the information and communication society.
	
	Democratic governance and human rights enforcement
	Finally, the HRIS caucus reaffirms that an information and
	communication society good governance must be based on the values of
	participation, transparency, accountability and the rule of law. This
	implies in particular the democratic management of international bodies
	dealing with ICTs. Given the borderless characteristics of ICTs, an
	appropriate framework for establishing the competence of jurisdictions
	should also be elaborated, so as to ensure the respect of principles of
	democracy, legality and sovereignty.
	
	Relevant rights from the UN International CCPR and CESCR
	To these ends, the HRIS caucus recommends that the international human
	rights, adopted in both the International Covenant on Civil and
	Political Rights (CCPR) and the International Covenant on Economic,
	Social and Cultural Rights (CESCR) should be precisely translated
	within the specific framework of information and communication, into
	precise guarantees defined in the WSIS Declaration of principles and
	Action plan, following three main axes: the need for a consistent
	articulation of rights, the recognition of information and
	communication as public common goods, and the development of mechanisms
	ensuring democratic governance human rights enforcement in concert.
	
	Of particular relevance to the development of an information and
	communication society are the consistent translation of the following
	rights:
	
	- Right to a fair trial, to the presumption of innocence and to be
	equal before the law (CCPR Articles 14 and 26)
	- Rights to privacy, specially against interference with private
	correspondence (CCPR Article 17)
	- Right to freedom of expression, to hold opinions without
	interference, and to seek, receive, and impart information and ideas of
	all kinds, regardless of frontiers, through any media (CCPR Article 19)
	- Right to be protected against any form of discrimination or hate
	incitement (CCPR Article 20)
	- Right of peaceful assembly and to freedom of association with others,
	including the right to form and join trade unions for the protection of
	his interests (CCPR Articles 21 and 22)
	- Right to take part in the conduct of public affairs (CCPR Article 25)
	- Right for minorities to enjoy their own culture and to use their own
	language (CCPR Article 27)
	- Right for peoples to self-determination, in particular to freely
	determine and pursue their economic, social and cultural development
	(CESCR Article 1)
	- Right for men and women to equally enjoy all economic, social and
	cultural rights (CESCR Article 3)
	- Right to form and join trade unions, right of trade union to function
	freely, and right to strike (CESCR Article 8)
	- Right to education and knowledge (CESCR Article 13)
	- Right to participate in the cultural life, to enjoy the benefits of
	scientific progress and its applications, to benefit from the
	protection of the moral and material interests resulting from any
	scientific, literary or artistic production of which he is the author,
	to benefit from the development and the diffusion of science and
	culture, to benefit from the respect of the freedom and international
	cooperation indispensable for scientific research and creative activity
	(CESCR Article 15)
	
	Example of consistent translation of rights in the WSIS context
	Right to education and knowledge implies:
	- Everyone must be able to acquire basic information and electronic
	education, in order to be able to master social transformations in all
	their practical and civic aspects;
	- The respect of intellectual property should not prevail on the right
	to education and knowledge. This right must indeed be exercised through
	the concept of fair use, i.e. use for non-commercial purposes,
	education, and research;
	- Intellectual work and ideas, including programming methods and
	algorithms, should not be patentable. The production and use of free
	and open software and content must thus be encouraged and covered by
	public policy;
	- Access to public data without charge is a necessary condition so that
	everyone has the means to exercise his citizenship;
	- Access to infrastructure under acceptable economic conditions must be
	guaranteed, by supporting the possibility of being a provider as well
	as a consumer of information. This guarantee implies the negotiation of
	agreements for the contractual connections between the areas of the
	world and the States of these areas, whose cost must equitably be
	shared. This also implies the existence and the sustainability of local
	telecommunication operators.
	
	
	
	  About the Human Rights in the Information Society Caucus
	
	The Human Rights in the Information Society (HRIS) Caucus has been
	formed by the end of PrepCom1 by civil society organizations in order
	to ensure that human rights are duly taken into account in the WSIS
	process by governments as well as by NGOs.
	
	Its objectives are:
	1. Putting human rights on the agenda of the WSIS. Human rights are
	intended, as defined in the UNDH, the International Covenant on Civil
	and Political Rights, and the International Covenant on Economic,
	Social and Cultural Rights, as civil and political rights of citizens,
	as well as their economic, cultural and social rights.
	2. Developing detailed inputs and contributions on how Human rights, as
	broadly defined, can be precisely translated within the specific
	framework of information and communication, in order to build a common
	vision of this society.
	3. Raising awareness of NGOs and the public on the importance of
	addressing human rights in the information society, having noted that
	major organization dedicated to promoting Human Rights in the
	Information Society are not yet part of the WSIS process. This is also
	the case of general-purpose human rights organization, as well as trade
	unions.
	
	Current members of the HRIS caucus are:
	- American Civil Liberty Union (ACLU). www.aclu.org
	- Article19. www.article19.org
	- Association for Progressive Communications (APC). www.apc.org
	- Carrefour Mondial de l'Internet Citoyen (CMIC). www.globalcn.org
	- Computer Professionals for Social Responsibility (CPSR). www.cpsr.org
	- Consumer Project on Technology (CPTech). www.cptech.org
	- Cyber-Rights and Cyber-Liberties (CR&CL UK). www.cyber-rights.org
	- Danish Institute for Human Rights. www.humanrights.dk
	- Danish United Nations Association (UNA-DK). www.una.dk
	- Digital Rights Denmark. www.digitalrights.dk
	- Electronic Privacy Information Center (EPIC). www.epic.org
	- Int. Centre for Human Rights and Democratic Development (ICHRDD).
	www.ichrdd.ca
	- Imaginons un Réseau Internet Solidaire (IRIS). www.iris.sgdg.org
	- Organisation Mondiale Contre la Torture (OMCT). www.omct.org
	- Panos London. www.panos.org.uk
	- PromoCulture/Centre Africain d'Echange Culturel
	- U.S. National Comm. on Libraries and Information Science (NCLIS).
	www.nclis.gov
	- Vancouver Community Net (VCN). www.vcn.bc.ca
	- VIBE!AT. www.vibe.at
	
	Coordinators of the HRIS caucus are:
	- Meryem Marzouki, IRIS, France (Meryem.Marzouki@iris.sgdg.org)
	- Rikke Frank Jorgensen, Danish Institute for Human Rights, Denmark
	(rfj@humanrights.dk)
	
	Web site and mailing list of the HRIS caucus:
	www.iris.sgdg.org/actions/smsi/hr-wsis/
	
	
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